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Sunday, November 24, 2013

Saltany v. Reagan case brief

Saltany v. Reagan case brief summary
886 F.2d 438 (D.C. Cir. 1989)

CASE SYNOPSIS

Appellants, Libyan citizens and
residents, challenged a judgment of the United States District Court
for the District of Columbia dismissing appellants' claims against
appellees seeking damages for injuries, death, and property loss
sustained in an air strike against their country. Appellees moved for
summary affirmance. Appellee United Kingdom (U.K.) cross-appealed
from decision denying sanctions and sought attorney fees and
costs.

CASE FACTSAppellants sought damages from
appellees, the U.S., the President of the U.S., senior civilian and
military officials, the U.K., and the U.K. Prime Minister, for
injuries, death, and property loss sustained in a U.S. air strike on
Libya. The court of appeals affirmed the district court's decision
dismissing appellants' claims.

DISCUSSION

The appellate court reversed and
remanded the district court's decision denying Rule 11 sanctions
and granted appellee U.K.'s motion for attorney fees and costs on the
frivolous appeal.

The court did not see how filing a complaint that
appellants' attorneys surely knew had no hope whatsoever of success
could be anything but a Rule 11 violation.

It was not a
federal court's proper function to serve as a forum for "protests,"
to the detriment of parties with serious disputes.

Appellants failed
to identify any international agreement that "expressly
conflicted" with the Foreign Sovereign Immunities Act, thus
failing to establish any basis for jurisdiction in U.S.
courts.

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